It’s been a long time coming. Regulatory reform is on the agenda again and maybe it’s real this time. Spawned by a quantitative “snapshot” of the state’s regulatory text developed by researchers at the Mercatus Center at George Mason University, Nebraska is embarking on a comprehensive review of its state regulations, including environmental regulations. EPA has also been directed to take a critical look at its regulations.

Whether or not one agrees with all the methods used or conclusions drawn by regulatory reformers, it’s hard to disagree with the basic premise that the sheer amount of current regulation is daunting. Maybe the time has come to examine whether we can consolidate or even eliminate some requirements that have been on the books for years even though no one really knows why. Maybe the underlying problems that were meant to be addressed by many of our current regulations don’t occur anymore. Maybe some regulations were developed based on worst case scenarios, oftentimes because there was a reluctance to leave anything to the discretion of the implementing environmental agency.

Process improvement and streamlining are hot topics these days in government circles, and I’m all for that! I do not favor being less protective of the environment, but I am for eliminating the complexity and multiplicity of paperwork, for making regulations easier to read and understand, for providing helpful guidance rather than just paraphrasing statutes, and for rethinking traditional paradigms and coming up with something more user-friendly. In short, it make sense to me to examine whether we need all the regulations now on the books and to think about streamlining and clarifying the regulations that we do need.

American College of Environmental Lawyers, The ACOEL, is a professionalassociation of lawyers distinguished by experience and high standards in the practice of environmental law, ethics, and the development of environmental law.